659A.4 Exceptions to liability.
1. As used in this section, unless the context otherwise requires:
a. “Child” means an unemancipated individual who is less than eighteen years of age.
b. “Parent” means an individual recognized as a parent under law of this state other than this chapter.
2. A person is not liable under this chapter if the person proves that disclosure of, or a threat to disclose, an intimate image was any of the following:
a. Made in good faith in any of the following circumstances:
(1) Law enforcement.
(2) A legal proceeding.
(3) Medical education or treatment.
b. Made in good faith in the reporting or investigation of any of the following:
(1) Unlawful conduct.
(2) Unsolicited and unwelcome conduct.
c. Related to a matter of public concern or public interest.
d. Reasonably intended to assist the depicted individual.
3. Subject to subsection 4, a defendant who is a person responsible for the care of a child as defined in section 232.68 is not liable under this chapter for a disclosure or threatened disclosure of an intimate image, as defined in section 659A.2, subsection 7, paragraph “a”, of the child.
4. If a defendant asserts an exception to liability under subsection 3, the exception does not apply if the plaintiff proves the disclosure was any of the following:
a. Prohibited by law other than this chapter.
b. Made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.
5. Disclosure of, or a threat to disclose, an intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure.
2021 Acts, ch 56, §4
Referred to in §659A.3
NEW section
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 659A - UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES — CIVIL REMEDY
Section 659A.3 - Civil action.
Section 659A.4 - Exceptions to liability.
Section 659A.5 - Plaintiff’s privacy.
Section 659A.7 - Statute of limitations.
Section 659A.8 - Construction.
Section 659A.9 - Uniformity of application and construction.